02.08.2022 Views

July 2022 Debtfree Issue

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QUESTIONABLE COLLECTION CALLS ABOUT OLD DEBTS<br />

WHAT THE<br />

LAW SAYS<br />

In South Africa, like many other<br />

countries, there are laws about<br />

credit providers trying to collect<br />

many years later.<br />

The Prescription Act and refinements in<br />

understanding from court cases and other<br />

legislation stops credit providers from<br />

forgetting about a debt and then many years<br />

later coming back to demand payments.<br />

In general* if you have not been contacted by<br />

a credit provider about a debt for 3 years and<br />

have not paid money towards that debt for 3<br />

years and have not been taken to court over<br />

this older debt then the debt has prescribed<br />

(or died).<br />

It then becomes illegal for credit providers to<br />

collect such debt.<br />

*and we are being pretty general here as there are specific laws all about<br />

this sort of thing. Another good thing to know is that paying something<br />

towards a debt that has already prescribed does not mean that the debt is<br />

somehow active again and that you have to carry on paying. Once it dies,<br />

it is dead.

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